Moily promises to free 2 lakh undertrials

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Law Minister M. Veerappa Moily on Monday announced a bold and ambitious plan of reducing the number of undertrial prisoners languishing in various jails across the country by two-thirds within six months.
Though it is not uncommon for the executive to order the release of convicted prisone

Law Minister M. Veerappa Moily on Monday announced a bold and ambitious plan of reducing the number of undertrial prisoners languishing in various jails across the country by two-thirds within six months.

Though it is not uncommon for the executive to order the release of convicted prisoners on Republic Day and other state or festive occasions, Moily's unprecedented scheme will target the release of those prisoners still facing trial.

Though the executive has powers to release convicted prisoners after certain years of imprisonment, it hardly has any role when it comes to freeing undertrials as that depends solely on the judiciary. It is only because of the judiciary's involvement in the scheme and it being part of the National Legal Mission that such a proposal has been made possible. Moily said the Union Cabinet had, in principle, approved the plan and that it was a step towards guaranteeing justice for all.

Law ministry officials said prisoners suffered because of delays in trials and there were many languishing in jail only because they could not get adequate legal aid. In some cases, prisoners have been behind bars for more than the maximum term of imprisonment for offences they had been charged with.

The scheme envisages bail to prisoners and even discharge in deserving cases. Eminent criminal lawyer K.T.S. Tulsi welcomed the announcement as "the most significant reform" in the criminal justice system. "The worst form of human rights violation was keeping prisoners in overcrowded jails," he said. "It is a tough task, but I hope the minister succeeds."

Explaining his proposal, Moily said chief justices of high courts would appoint a task force to monitor the scheme. The task force, under the chairmanship of the state legal service authority or a senior judge, would depute teams to visit jails and identify prisoners who deserved to be freed. The teams would look into individual cases to identify those who were entitled to be released.

Though a major part of the work would be done by high courts on the administrative side, the scheme would hardly interfere with the judicial decision to grant bail.

Former law secretary T.K. Vishwanathan, now an adviser to the ministry, admitted the executive did not have much to do in this regard. He said judges would be sensitised towards the cause of justice and that change was expected. "Jails have been breeding grounds for criminals," he said.

One of the reasons for the overcrowding of jails, a law ministry official said, is that prisoners are not aware of their rights. "In some cases, the police make arrests in a hurry without credible evidence," the official said.

The ministry planned to distribute booklets to inform prisoners about their rights and provide legal aid. Prisoners would be able to meet their kin to keep channels of communication open.

A note circulated by the ministry said there are over three lakh undertrial prisoners in jails across the country. About two lakh of them are imprisoned for several years primarily because of delays in the justice delivery system.

The ministry sought cooperation from the state governments, the bench and the bar to help it achieve the ambitious target by July 31. Moily, who had promised an era of judicial reforms when he took over as law minister last year, said the scheme would come into force from January 26.

Realising that the government had a limited role to play in the case of an accused undergoing trial, he said the scheme was provisional in nature and was only a suggestion by the government.

Some high courts had already identified prisoners who could be released immediately, Moily said.

He, however, said no prisoner was likely to be released on the occasion of Republic Day as it was a national holiday.

Talking about other measures to decongest jails, Moily said the government was suggesting alternative forms of punishment such as fines and community service.

Vishwanathan admitted that the idea could become counterproductive as imprisonment acted as a deterrent. He, however, said suitable amendments enhancing the fine would serve the purpose.

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